In an earlier post, I lament the impending demise of “Western Civilization.” Gadfly “Sanity” suggests that, to keep that from happening, we should, “commit to freedom (yay SCOTUS!).” I can only assume that he was referring to the SCOTUS decision to allow Gitmo detainees to file habeas corpus writs in federal court.
Viscerally, I do not like the decision. As far as I’m concerned, terrorists have no rights. The problem is, who are the terrorists? Is there no chance at all that someone at Gitmo is wrongly imprisoned? That is the whole point of a habeas petition. When a soldier is captured in uniform, it is clear that he is a soldier of the enemy. But without a uniform…?
The problem is, where are the witnesses? Are we going to call soldiers back from Iraq and Afghanistan to testify? Well, Congress is going to have to go back to work and answer that question. Even so, we are not fighting WWII-style, in which soldiers did only one tour of duty. We rotate our soldiers now, and they can testify when they are home.
So while I do not really like the decision, I think it is the right one.